RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Bryan E. Menge, No. T15-0036 (July 27, 2016)

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (“refusal to submit to chemical test”). Defendant argued that the officer did not have a right to be on the premises. Defendant was in the parking lot of a bar with his vehicle running and the keys in the ignition. The officer had responded to a call from the bar owner of a suspicious vehicle parked in the parking lot after the bar was closed. In State v. Cook, 440 A.2d 137, 139 (R.I. 1982), the court noted that police are often called upon to perform “community caretaking functions” that have nothing to do with the apprehension and conviction of alleged criminals. These scenarios require the officer to investigate when the officer has reasonable grounds to suspect something amiss. Id.  Here, the officer responded to a call and at first inquired about the defendant’s condition. During this caretaking function the officer, the officer began to suspect the defendant had operated his vehicle under the influence of alcohol. The Appeals Panel held that the officer had the right to investigate as part of the officer’s “community caretaking functions.” Accordingly, the decision of the trial court was affirmed.

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